Business Immigration in Colombia – Lexology

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Regulatory framework and trends

Trends and developments

Have there been any notable recent trends or developments regarding business-related immigration in your jurisdiction, including any government policy initiatives?

In October 2018 the Registry of Foreign Workers in Colombia (RUTEC) was created, which is an electronic platform that aims to quantify and identify employment-related migration in Colombia. The purpose of the registry is to obtain relevant information to draft the national policy for employment-related migration.

All public sector entities and private companies that hire foreign individuals (employees and contractors) in Colombia must report it to RUTEC.

Domestic law

What legislation and regulations govern immigration in your jurisdiction?

Immigration matters in Colombia are mainly regulated by:

Decree 1067/2015, which provides the general framework for immigration matters;

Resolution 1220/2016, which regulates the types of special temporary immigration permit (PIP and PTP);

Resolution 6045/2017, which regulates the types of visa existing in Colombia and the process for securing them; and

Resolution 1128/2018, which classifies restricted and non-restricted nationalities in Colombia, and which applies for visa waivers.

Yes. Citizens from Argentina, Bolivia, Brazil, Chile, Ecuador, Paraguay, Peru and Uruguay may apply for a special visa called the M visa – Mercosur visa. This visa is a temporary residence permit that may be granted by the immigration authorities for up to three years and allows foreign nationals to perform any of the following occupations or activities:

performing home activities (eg, cleaning the home, grocery shopping, or caring for children);

rendering independent services; or

undertaking educational, business or work activities for an employer in Colombia.

If an individual holds a Mercosur visa for at least two continued and uninterrupted years, they can apply for a residence visa.

The Mercosur visa is a great option for companies that have recently established their business in Colombia and wish to hire foreign nationals from the countries mentioned above.

Colombia has also entered into international social security treaties with the governments of Argentina, Chile, Ecuador, Peru, Spain and Uruguay. Under the application of these treaties, the duration of work by citizens of these jurisdictions while in Colombia may be considered for their retirement pension in their home country. For validating duration of work in Colombia, a verification process must be conducted with the pension entities and ministry of work from both countries.

Regulatory authorities

Which government authorities regulate immigration and what is the extent of their enforcement powers?

There are two government authorities that regulate immigration matters:

the Ministry of Foreign Affairs, which oversees the granting of Colombian visas and has broad discretional powers when assessing visa applications; and

the Special Administrative Unit of Migration Colombia (UAEMC), which mainly oversees:

the compliance of immigration regulations by individuals and legal entities;

the issuing of foreign ID cards for visa holders;

the issuing of special temporary immigration permits; and

the granting of special extensions to visas in exceptional cases.

The UAEMC also has broad discretional powers when granting permits and permit extensions. When a breach of immigration regulations is discovered following a formal investigation, the UAEMC may impose penalties on individuals and legal entities (eg, fines of up to 15 times the statutory minimum wage and deportation).

Can the decisions of these authorities be appealed?

Only decisions issued in a formal investigation carried out by the UAEMC can be appealed.

Any other decision adopted by the Ministry of Foreign Affairs or the UAEMC cannot be appealed.

Recent case law

Has there been any notable recent case law regarding immigration?

No.

Business visitors

Visa requirements

In what circumstances is a visa required for business visitors?

The starting point for determining whether a visa is required is the citizenship of the individual and their activities in Colombia.

As a rule, if a foreign citizen holds a restricted nationality, a visitor visa must be secured in advance of their trip to Colombia.

If a foreign citizen holds a non-restricted nationality, a visa will be required if the individual intends to perform acts of legal representation in Colombia or if they intend to travel to Colombia regularly. These circumstances are not regulated by law, but are required by the Special Administrative Unit of Migration Colombia (UAEMC), which controls the admittance of foreign nationals to the country. If the individual holding a non-restricted nationality does not fulfil these criteria, they may enter Colombia with a special temporary immigration permit (PIP-5 or PIP-6, depending on their citizenship), which is granted at the port of entry.

Restrictions

What restrictions are imposed on business visitors in terms of the work that they may undertake and their period of stay in your jurisdiction?

As a general rule, foreign nationals who visit the country on short-term visits without receiving any salary or compensation in Colombia may request a V visa for business purposes. The V visa for business purposes can be used by foreign nationals who are legal representatives or occupy a managerial or executive position in a foreign company. Holders of this visa may perform business promotion activities related to the interests of their company, including:

attending board meetings of partners or directors; and

supervising the operation of economically, strategically and legally related companies.

This kind of visa:

is valid for a term of up to two years;

allows multiple entries; and

authorises a stay of up to 180 days during one calendar year.

The individual entering Colombia under a V visa for business purposes cannot take up residence or receive a salary or compensation in Colombia.

The V visa for temporary visitors requirement may be waived and citizens of certain countries may be issued a temporary visitor permit (PIP-6) by the UAEMC, provided that the foreign national does not have a labour relationship with the Colombian sponsor and will not receive any kind of remuneration in Colombia (compensation or salary).

The PIP-6 permit allows foreign nationals from non-restricted nationalities to enter Colombia and engage in the following activities, provided that the individual does not have a labour relationship with a local entity:

academic activities in seminars, conferences or expositions;

interviews within recruitment processes;

commercial contacts, business activities or visits; or

providing training.

This permit may be granted for a term of up to 90 days within the same calendar year (ie, between 1 January and 31 December). The permit can be extended before the initial 90 calendar days expire, by requesting a PTP-6 permit from the UAEMC. The permit can be extended for 90 additional calendar days within the same calendar year.

The PIP-6 permit does not allow multiple entries and each time that the permit holder enters the country they must submit the required documents from UAMEC officials at the airport. The PIP-6 permit must be sponsored by an entity domiciled in Colombia.

Nicaraguan citizens that are from the autonomous region of the North Caribbean Coast and the autonomous region of the South Caribbean Coast, or if they hold a Canadian visa or have a residence permit in Canada; and

citizens of India, Cambodia, China, Nicaragua, Myanmar, Thailand and Vietnam, who comply with one of the following conditions:

They hold a residence permit issued by a country member of the Schengen area or the United States.

They hold a Schengen visa or US visa with a validity of 180 days or more, when entering Colombia.

They hold a permanent residence permit granted by any member of the Pacific Alliance.

Application and entry

How are business visitor visas obtained and what is the typical turnaround time?

The immigration process for obtaining a Colombian visa includes two different phases before the Ministry of Foreign Affairs and the UAEMC as outlined below.

Stage 1 – visa filing before the Ministry of Foreign AffairsThe issuance of Colombian visas is entirely at the discretion of the Colombian government. Immigration authorities have the power to request additional information or to reject an application without the possibility of appeal.

Visa officials at the Ministry of Foreign Affairs may request additional documents that are not established under the legal provisions in force.

The visa application process has two different stages, which apply to all types of visa and include the following:

The first stage comprises the filing of the visa request with the corresponding documents, and the review of the latter by an official of the Ministry of Foreign Affairs. This process has an associated cost (governmental fees), which must be paid in Colombian currency. The visa application may be filed online, through the Ministry of Foreign Affairs’ electronic platform (www.cancilleria.gov.co) or personally before a Colombian consulate abroad or before the Ministry of Foreign Affair offices in Bogota. In any case, the Ministry of Foreign Affairs has up to five business days to study the visa application request and give its final decision.

Once the study process is carried out, the Ministry of Foreign Affairs decides on whether to approve or deny the visa. If the visa is approved, government fees must be paid to obtain the visa. If the visa is obtained electronically, individuals have 30 days to secure the visa to their passport. Otherwise, they must carry out an additional visa transfer process before the Ministry of Foreign Affairs.

Stage 2 – visa registration process before the UAEMC

Once the visa is granted, individuals must personally register their visas before the UAEMC, to request issuance of their Colombian foreign ID.

The registration process must be carried out:

within 15 calendar days after the visa is granted, if the individual was in Colombia at the time of the approval of the visa; or

within 15 calendar days of entering the county, if the individual was abroad at the time of the approval of the visa.

Are any visa waiver or fast-track entry programmes available?

In Colombia there are visa waivers, temporary visitor permits and a fast-track entry programme called automatic migration.

Visa waiver benefits are available to citizens of non-restricted countries under specific situations, such as short-term business visits and the urgent provision of specialised technical assistance.

Automatic migration is available for all foreign citizens that hold Colombian visas. This fast-track programme must be processed with the Special Administrative Unit Migration Colombia and allows holders to fast track their entry to Colombia.

Short-term training

What rules and procedures apply for visitors seeking to undertake short-term training in your jurisdiction?

Depending on the citizenship of the foreign individual, they may enter Colombia with either with a V visa or a PIP-6 permit.

The same rules for short-term business visits apply for short-term training visits.

Transit

In what circumstances is a transit visa required to pass through your jurisdiction? How is it obtained?

A visitor visa for transit purposes is required if the individual holds a restricted citizenship or may not benefit from a visa waiver. In this case, the visa must be secured in advance of arrival, either at a Colombian consulate overseas or through the Ministry of Foreign Affairs online platform.

Sponsored immigration

New hires

What sponsored visas or work permits are available to employers seeking to hire foreign nationals in your jurisdiction? What are the eligibility criteria, application procedures and maximum period of stay for each?

Under immigration law, any foreign national that intends to undertake work activities in Colombia must request a migrant visa (M visa) for working purposes or a visa under a different category that allows them to work (eg, an M visa for spouses of Colombian nationals, a Mercosur visa or a resident visa). The M visa for working purposes is granted for foreign nationals who enter Colombia by virtue of a labour relation or a service agreement with an entity domiciled in Colombia. It is also granted to artistic, sports or cultural groups entering the country for public performances.

M visas for working purposes are issued for a maximum term of three years and allow multiple entries. They expire automatically if the foreign national is absent from the country for a period that exceeds 180 continuous days and may be renewed as many times as needed, but each visa will be granted for a maximum period of three years in accordance with the term of the labour contract and assessment of the submitted documents.

The M visa for working purposes must be issued before the foreign national renders services locally or becomes part of a local payroll.

The spouse or permanent companion, parents and children of the foreign national who holds an M visa for working purposes may obtain a temporary beneficiary visa, which allows them to enter Colombia to study or engage in home activities, but does not entitle them to work.

A foreign national who holds an M visa for working purposes will be allowed to perform only the activity authorised in the visa and only for the company authorised in the visa. If there is any change to the individual’s working activity or position, the individual and the sponsoring company must inform the immigration authorities in writing detailing the change and, if required, request the visa to be amended.

To apply for an M visa, the applicant must meet all the immigration requirements provided for this type of visa.

Intra-company transfers

What sponsored visas or work permits are available to multinational employers seeking to transfer foreign employees to your jurisdiction? What are the eligibility criteria, application procedures and maximum period of stay for each?

For intra-company transfers, the foreign individual must enter into new employment agreements with the local entity and secure a visa that allows them to work. Please see the response to the question above regarding sponsored work visas.

Do any special rules govern secondments?

No.

Sponsor requirements and considerations

What are the eligibility and procedural requirements for employers to sponsor foreign employees?

To sponsor a visa, the entity must be incorporated in Colombia and must comply with certain financial requirements. To be eligible, the entity must have an average bank balance equivalent to at least 100 statutory monthly minimum salaries (for 2018, Ps78,124.200), over a six-month period.

Sponsoring entities are responsible for sponsored individuals during their stay in Colombia, which means that they must be in a position to cover relocation expenses on termination of the visa, irrespective of the cause of termination.

What ongoing reporting and record-keeping requirements apply to sponsors?

Employers (entities, institutions or individuals) must inform the Special Administrative Unit of Migration Colombia (UAEMC) of the hiring and termination of foreign nationals, as well as the admittance and leave of foreign visitors, within 15 calendar days. This should be done electronically, through the Information System to Report Foreigners (SIRE) platform provided by the UAEMC. To provide reports on SIRE, the entity must have an active account on the platform.

Foreign nationals must notify the UAEMC about any change of residence or domicile within 15 calendar days by means of a written communication.

Employers must inform the Ministry of Work about the hiring and termination of foreign employees and contractors within 120 calendar days upon hiring, and 30 calendar days upon termination. This must be reported electronically, through the Registry of Foreign Workers in Colombia platform provided by the Ministry of Work.

These records must be kept for at least five years, during which time such records may be audited by relevant government entities.

In what circumstances (if any) must the employer submit to resident labour market testing before hiring or transferring foreign employees? Do any exemptions apply?

N/A.

Are there any annual quota limits or restrictions on certain positions that can be filled by foreign nationals?

No.

Are there any immigration exemptions or other special schemes for shortage occupations in your jurisdiction?

In the event of shortage occupations in Colombia and depending on the citizenship of the foreign individuals, they may benefit from visa waivers by obtaining a temporary visitor permit.

How long does it typically take to obtain a sponsored visa? Is expedited visa processing available?

The visa application process may be expedited if this is requested personally by the visa applicant before the Visa Office in Bogota. Under this expedited processing, it is likely that the visa would be granted on the same day.

What rules govern the hiring of foreign third-party contractors?

If third-party contractors intend to work in Colombia, the sponsored visa and work visa rules apply.

What are the penalties for sponsor non-compliance with the relevant immigration laws and regulations?

Non-compliance with Colombian immigration regulations can lead to the imposition of penalties on both the employer and the employee. Penalties include:

fines between the amounts of half the minimum wage and fifteen times the minimum wage (for 2018, between Ps390,621 and Ps11,718.630); and

in some cases the deportation of the foreign individual.

Are there any other special considerations for sponsors in your jurisdiction?

No.

General employee requirements

Must sponsored employees meet any language requirements?

No.

Are sponsored employees subject to any medical checks?

No.

Must sponsored employees meet any medical or other insurance requirements?

No. Before commencing employment, foreign individuals must be enrolled on local social security systems

Are sponsored employees subject to any security or background checks?

Normally yes, this process is directly conducted by the Ministry of Foreign Affairs.

Are sponsored employees subject to any restrictions on studying or working second or volunteer jobs?

Employees holding an M visa for working purposes may perform only the activities inherent to the position indicated on the visa and only for the stated company.

Are there any rules or standards governing the equivalence of sponsored employees’ foreign qualifications?

Yes. If the foreign national plans to complete activities in a regulated profession (eg, engineering, medicine and law), they must request a temporary licence or have undergraduate studies validated. The determination of whether a foreign national executes activities that involve professional experience is decided by the relevant professional councils.

What are the penalties for employee non-compliance with the relevant immigration laws and regulations?

Non-compliance with Colombian immigration regulations can lead to the imposition of penalties on both the employer and the employee. Penalties include:

fines between the amounts of half the minimum wage and fifteen times the minimum wage (for 2018, between Ps390,621 and Ps11,718.630); and

in some cases the deportation of the foreign individual.

Unsponsored immigration

Highly skilled individuals

What unsponsored immigration routes are available for highly skilled foreign nationals to seek employment in your jurisdiction? What are the eligibility criteria, application procedures and maximum period of stay for each?

If the foreign individual is eligible for a visa waiver, they may enter Colombia with a temporary visitor permit (PIP-6), which authorises them to participate in recruitment processes. Under this type of permit, the foreign individual may stay in Colombia for up to 180 days per year. The PIP-6 permit can be requested directly at the port of entry by the foreign individual.

Citizens from Argentina, Brazil, Bolivia, Chile, Ecuador, Paraguay, Peru and Uruguay may apply for an M visa – Mercosur visa, which grants a temporary residence permit and allows foreign nationals to perform any occupation or activity in Colombia. Under this type of visa, the individual may stay in Colombia for the period that the visa is valid. The process to request this visa is outlined under the application and entry section above.

Foreign individuals married to Colombian nationals may secure a spouse’s M visa, which grants a temporary residence permit and allows individuals to perform any occupation or activity in Colombia. Under this type of visa, the foreign individual may stay in Colombia for the whole period that the visa is valid. The process to request this visa is outlined under the application and entry section above.

Foreign individuals who have children with Colombian citizenship may secure an R visa, which grants an indefinite residence permit and allows individuals to perform any occupation or activity in Colombia. Under this type of visa, the foreign individual may stay in Colombia for the whole period that the visa is valid. The process to request this visa is outlined under the application and entry section above.

Foreign individuals who make a foreign investment in Colombia of 650 times the statutory monthly minimum salary (for 2018, Ps507,807.300) or above may secure an R visa, which grants an indefinite residence permit and allows foreign nationals to perform any occupation or activity in Colombia. Under this type of visa, the foreign individual may stay in Colombia for the whole period that the visa is valid. The process to request this visa is outlined under the application and entry section above.

In all of the above cases, immigration regulation provides specific requirements for each visa. Even though the issuance of visas is entirely at the discretion of the Colombian government, if all supporting documentation is properly provided to the Ministry of Foreign Affairs, the chances of having the visa application rejected are remote.

Entrepreneurs

What unsponsored immigration routes are available for entrepreneurs seeking to establish a business in your jurisdiction? What are the eligibility criteria, application procedures and maximum period of stay for each?

If the foreign individual is eligible for a visa waiver, they may enter Colombia with a temporary PIP-6 permit, which authorises them to carry out business-related activities. Under this type of permit, the individual may stay in Colombia for up to 180 days per year. The PIP-6 permit can be requested directly by the foreign individual at the port of entry.

Foreign individuals may request a V visa for business purposes if they intend to carry out:

business-related activities;

market studies;

studies and plans to make direct investments;

the incorporation of a legal entity in Colombia;

agreement negotiations; or

commercial representation acts.

Under this type of visa, the individual may stay in Colombia for up to 180 days per calendar year. The individual entering Colombia under a V visa for business purposes cannot take residence or receive a salary or compensation in Colombia.

Citizens from Argentina, Brazil, Bolivia, Chile, Ecuador, Paraguay, Peru and Uruguay may apply for an M visa – Mercosur visa, which grants a temporary residence permit and allows foreign nationals to perform any occupation or activity in Colombia. Under this type of visa, the individual may stay in Colombia for the whole period that the visa is valid. The process to request this visa is outlined under the application and entry section above.

Foreign individuals married to Colombian nationals may secure a spouse’s M visa, which grants a temporary residence permit and allows them to perform any occupation or activity in Colombia. Under this type of visa, the individual may stay in Colombia for the whole period that the visa is valid. The process to request this visa is outlined under the application and entry section above.

Foreign individuals who have children with Colombian citizenship may secure an R visa, which grants an indefinite residence permit and allows foreign nationals to perform any occupation or activity in Colombia. Under this type of visa, the foreign individual may stay in Colombia for the whole period that the visa is valid. The process to request this visa is outlined under the application and entry section above.

Foreign individuals who make a foreign investment in Colombia of 650 times the statutory monthly minimum salary (for 2018, Ps507,807.300) or above may secure an R visa, which grants an indefinite residence permit and allows them to perform any occupation or activity in Colombia. Under this type of visa, the foreign individual may stay in Colombia for the whole period that the visa is valid. The process to request this visa is outlined under the application and entry section above.

In all of the above cases, immigration regulation provides specific requirements for each visa. Even though the issuance of visas is entirely at the discretion of the Colombian government, if all supporting documentation is properly provided to the Ministry of Foreign Affairs, the chances of having the visa application rejected are remote.

Investors

What unsponsored immigration routes are available for foreign investors seeking to invest in your jurisdiction? What are the eligibility criteria, application procedures and maximum period of stay for each?

See previous response.

Ancestry

Are any immigration routes open to foreign nationals based on ancestry or descent?

Yes, foreign individuals who have children with Colombian citizenship may secure an R visa, which grants an indefinite residence permit and allows them to perform any occupation or activity in Colombia. Under this type of visa, the individual may stay in Colombia for the whole period that the visa is valid. The process to request this visa is outlined under the application and entry section above.

Foreign individuals whose parents or children have obtained Colombian citizenship by adoption (ie, for cumulatively holding specified types of visas) may secure an M visa, which grants a temporary residence permit and allows them to perform any occupation or activity in Colombia. Under this type of visa, the individual may stay in Colombia for the whole period that the visa is valid. The process to request this visa is outlined under the application and entry section above.

Foreign individuals whose parents are Colombian nationals by birth are eligible to register as Colombian nationals.

Other routes

Are there any other unsponsored immigration routes?

No.

Extensions, permanent residence and citizenship

Extensions and status changes

Can short-term visa or work permit holders switch to long-term visas? If so, what conditions and procedures apply?

In Colombia there is no differentiation between short-term and long-term visas. Visas are granted under specific situations and may be renewed as many times as required, provided that the visa applicant meets the visa requirements.

Under what conditions can long-term visas be extended?

N/A.

Permanent residence

Can long-term visa holders apply for permanent residence? If so, what conditions and procedures apply?

After a specified period, foreign individuals holding M visas who meet certain criteria may secure an R visa, which grants an indefinite residence permit. The required criteria include the following:

Holders of an M visa as the spouse of a Colombian national, individuals whose parents or children have obtained Colombian citizenship by adoption and holders of Mercosur visas must have held their visa for two consecutive years.

Individuals holding an M visa as a refugee, sponsored employee, shareholder of a legal entity incorporated in Colombia, freelancer, student, real estate investor or pensioner must have held their visa for five consecutive years.

Citizenship

Can long-term visa holders or permanent residents apply for citizenship? If so, what conditions and procedures apply?

Yes. The conditions for applying for Colombian citizenship by adoption include the following:

If the individual was born in any Latin America or Caribbean country, they must have held an R visa for at least one year.

If the individual was born in Spain, they must have held an R visa for at least two years.

If the individual was born in any other country, they must have held an R visa for five years. This term may be reduced to two years if:

the individual is married to a Colombian national;

the individual’s permanent companion is a Colombian national; or

the individual’s children are Colombian nationals.

A request for Colombian citizenship must be made at the Ministry of Foreign Affairs. The National Tax Office, the Special Administrative Unit of Migration Colombia and the City Hall are also involved in the citizenship process.

The process for obtaining citizenship usually takes between 12 and 18 months and includes a thorough assessment by numerous legal entities and a citizenship knowledge test.

Dependants

Eligibility

Who qualifies as a dependant for immigration purposes?

Any spouse or permanent companion, parent and child under the age of 25 of the foreign national who holds a V visa in certain cases or M or R visas in all cases may obtain a temporary dependent visa, which permits them to enter Colombia to study or engage in home activities, but not to work.

Conditions and restrictions

What conditions and restrictions apply to bringing dependants to your jurisdiction (including with respect to access to labour markets, education and public benefits)?

Dependents are not permitted to work in Colombia under a dependent’s visa. To be permitted to engage in any work activity, the dependent would need to obtain another type of visa that permits them to work. The dependent visa permits individuals only to study or engage in home activities.

Even though immigration legislation does not prohibit dependent visa holders from changing their immigration status (ie, changing the category of their visa), the Ministry of Foreign Affairs is currently not authorising visa category changes in an attempt to protect work opportunities for Colombian nationals.

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